What is a Last Will and Testament?

A will is a legal document that expresses your wishes regarding:

• Distribution of your property after death (car, house, personal belongings, business investments, etc.)
• The care of your minor children (assigning someone as their legal guardian)

What is Probate?

Probate is a legal process handled by a probate court when a person dies. The process involves:

• Establishing that the will is valid
• Identifying and inventorying property
• Appraising property
• Paying debts and taxes
• Distributing the remaining property according to the will or based on state laws if there was no will

What Happens If You Die Without a Will?

The rules regarding how your property is distributed after you die without a will vary depending on the nature of the property and your familial status.  If you were divorced or widowed and you die without a will, your children inherit all your property and the court divides the property equally between them. If you were married and have no surviving children, then all of the property goes to your spouse.

If you were married, and your children are also your spouse’s children, then all the community property (co-owned property) passes to your spouse. If you had any separate property (owned only by you), then your children inherit two-thirds of the separate property and your spouse inherits the other third.

If you had children from a previous marriage, then one half of your community property goes to them and the other half goes to your spouse. Distribution of your separate property remains  two-thirds to the children and one-third to your spouse.

Contested Wills

Heirs to an estate sometimes disagree over how the will is being interpreted or may believe that a will was signed under duress. Or, they may argue that the executor isn’t handling the estate administration properly. Disputes can lead to lawsuits that probate courts must resolve.

At the law firm of C.E. Borman & Associates, our attorneys have considerable litigation experience in probate matters and can represent you and protect your rights during a contested will proceeding.

If you have questions about probate or wills or need legal help to challenge a will, arrange a confidential consultation to find out how we can assist you.

Unfortunately, there’s no one answer to that question. In most cases, wills are probated within two months to a year of the filing of the application for probate. The absolute least amount of time the probate of a will can take is 30 days.

The length of a probate or administration depends on a number of factors:

• Existence or lack of a will
• Complexity of the estate
• Size and nature of the estate
• Cooperation of beneficiaries or heirs
• Contested will or other estate matters

Texas laws give the estate representative up to four years to file for probate of a will. Typically, failing to file for probate of a will within this time period will result in the court distributing the estate assets based on Texas “intestacy” laws, which outline the recipients of an estate in case someone dies without a will. However, if you can justify the delayed filing with a good reason, such as not knowing about the existence or location of a will, the court can make an exception and admit a will to probate even after the passing of four years from the decedent’s death.

Find out more about probate